A Tennessee Writ of Possession is a legal document issued by a court to order a tenant to vacate a property and surrender possession to the landlord. It is typically issued after a landlord has obtained a judgment for possession of the property. The Writ of Possession is issued by the clerk of the court and served upon the tenant by a deputy sheriff. There are two types of Tennessee Writ of Possession. The first is a 'Writ of Possession for Real Property', which is used to evict a tenant from a rental property. The second is a 'Writ of Possession for Personal Property', which is used to recover personal property from a tenant. Both types of Writ of Possession must be served by a deputy sheriff.
Tennessee Writ of Possession
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Tennessee
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TN-SKU-0362
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Writ of Possession
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FAQ
Writs of restitution are commonly known as evictions; they are another kind of process that brings with it significant and inherent risks to officer and public safety during execution. They are also among the very few civil orders that mandate use of force, where necessary, to achieve service. T.C.A. § 29-18-127.
The Writ of Possession is a court order which informs the tenant that they must move out of their housing on the property or else they will be forcibly evicted.
Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.
Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to ?stay? or ?stop? the sheriff from executing the Writ of Possession and removing the resident. It can be a typed or handwritten document filed by the resident or the resident's attorney if one is retained.
Tennessee laws dictate that a tenant must vacate the property before the Writ of Possession is issued because once law enforcement officers receive the Writ, they must execute it immediately. No grace period is given in Tennessee state.
If you did something dangerous or threatening, the landlord only needs to give you three (3) days to move out. If you did not pay rent or broke your lease agreement, you may be given a thirty (30) day notice to move out.
A writ of attachment is a form of prejudgment process in which a court orders the attachment or seizure of property described in the writ. The property is seized and held in the custody of an appointed official, such as a U.S. Marshal or law enforcement officer, under court supervision.